Cape Town - Three DA Swellendam councillors are finally challenging their termination by party leader Helen Zille and seeking to set aside the party’s “cessation” clause in the Western Cape High Court.
In December, Zille terminated the party memberships of former speaker Bongani Sonqwenqwe, deputy mayor Abraham Pokwas and councillor Gcobisa Mangcu-Qotyiwe, effectively removing them from council.
In January, the trio approached the courts, but only filed their affidavits at the weekend. Sonqwenqwe told the Cape Argus they only filed their affidavits over the weekend after delays from the DA in considering their application.
Zille’s phone rang unanswered and she didn’t respond to WhatsApp messages.
In a statement issued on behalf of the three, ousted DA member Masizole Mnqasela – who has thrown his lot in with them – said the councillors were apparently removed because they “did not abide by a caucus decision to hold back on the appointment of a director for corporate services” in the municipality.
They’re also challenging the constitutionality of the DA’s cessation clause – which was also used to oust Mnqasela – and their expulsion from the party.
Mnqasela said: “According to them, the clause is inconsistent with the principle of natural justice, audi alteram partem rule and the Constitution of the Republic of South Africa.
“Many in the DA believe that some individuals within the party have weaponised this clause to get rid of those who hold differing political ideas from them, particularly public representatives who do not sing to the tune of a certain cabal within the party.”
Mnqasela said several DA public representatives are now “fearful” that they could also be treated like him.
“Also, it’s unfair to back-pedal, totally out of the blue, and abruptly terminate someone’s membership when you do not get your way in a disciplinary hearing,” Mnqasela said.
“The very same disciplinary hearing that you yourself initiated. Similar to myself, the Swellendam trio all want their membership reinstated.”
In the statement, the trio are quoted as saying: “We did not approach the courts to embarrass the party in any way. We approached the court because we do not have any other choice.”
They said they went to court to have get reinstated and test the constitutionality of the DA’s cessation clause, which they believe to have been “weaponised” to get rid of those who hold different views.
soyiso.maliti@inl.co.za